BoomTown » eBay

Flying the Digitally Friendly Skies: Gogo, Google and the Facebook PR Guy in 17D

Kara Swisher — Fri, 13 Nov 2009 22:11:20 +0000

So, BoomTown–who cannot be unplugged from the matrix for very long without breaking into a cold sweat–was pretty excited to have free Wi-Fi on my Virgin America flight to Washington, D.C., early this morning.

The service from Gogo Inflight Internet is free since earlier this week until Jan. 15, courtesy of Google (GOOG), on Virgin, as well as at 47 airports. It usually costs anywhere from $6 to $13.

Like the search giant, other Web companies–presumably wanting to goose usage and, more to the point, their brands–have also leaped in.

Delta has a promotion with eBay (EBAY) on several hundred planes for a week around Thanksgiving, and Yahoo (YHOO) is footing the bill for anyone using computers or smartphones in Times Square in New York for one year.

Pretty much what the government and big cable and wireless companies should be doing, but let’s not look a digital gift horse in the mouth.

So far on the flight, the Internet has been pretty solid, although video plays even slower than my Comcast (CMCSA) connection at home.

Also, electricity on the flight has been in and out; when it doesn’t work, it pretty much negates Internet use on a long flight.

But more interesting, as most who use the Web in the air seem to feel, is the ability to make a lot of online connections, including with people on the same plane.

While I was no fan of the goofy seat-to-seat connections offered on some airlines, I did get an email from a Facebook public relations guy sitting in the row behind me on the same flight asking if I wanted to meet the social networking site’s DC staff.

Without ever seeing him I now have a meeting on Monday with them, so–apparently–mission accomplished!

Please see this disclosure related to me and Google.

From the Department of Oh No, She Didn't: Whitman Defends eBay's Skype Debacle

Kara Swisher — Wed, 11 Nov 2009 19:30:19 +0000

If spinning is an intense political skill, former eBay CEO Meg Whitman is doing her very best at trying to create a silk purse out of a sow’s ear.

As Om Malik reports on GigaOm, Whitman–who is trying to nab the Republican gubernatorial nomination in California–told a radio interviewer recently that “actually I think Skype will prove to be a good acquisition for eBay.”

Well, good if you mean the $2.6 billion purchase of the Internet telephony company that never worked as Whitman had effusively promised in 2005.

She noted then: “By combining the two leading e-commerce franchises, eBay and PayPal, with the leader in Internet voice communications, we will create an extraordinarily powerful environment for business on the Net.”

That fabulous-sounding synergy did not happen, of course, eventually causing new eBay (EBAY) management to sell a huge chunk of Skype to an investor group.

Best of all, that sale included an ugly and expensive legal fight over software technology licensing issues with its co-founders, Niklas Zennström and Janus Friis, given that Whitman neglected in the competitive bidding to secure them properly.

That resulted in Zennström and Friis forcing eBay to include them just last week in the deal for a big chunk of Skype in exchange for those rights.

As the sick political joke goes: Other than that, Mrs. Lincoln, how was the play?

Nonetheless, Whitman has not let the facts get in the way of a good story!

She kind of had to, I guess, responding to an allegation by one of her rivals in the race, tech entrepreneur Steve Poizner, who has tried to chip away at her blue-chip business reputation by attacking the Skype deal.

Whitman was right to defend a lot of other great acquisitions she made as leader at eBay, such as PayPal; and she can be, as she said in the interview, “proud of my tenure at eBay.”

She should be, given that she was key to building a huge and profitable company that is a clear Silicon Valley Internet icon. While eBay did start to creak near the end of her decade-long stint there, many of Whitman’s accomplishments are nonetheless impressive.

But not all of them and definitely not the Skype buy, so she might want to stop making laughable declarations like this one in the interview:

“You probably read that the company just sold about two-thirds of the interest in Skype to an investor group, kept a portion, and got almost all the money back, and I think Skype will be very effective.”

Well, maybe so, but only because new management had to do clean-up and pay-up for her error, and new owners in charge of Skype could possibly better take advantage of what most consider a terrific property.

So, in the end, Whitman might be right.

And it might not even matter. In a recent poll, Whitman has pulled far ahead of ex-Congressman Tom Campbell, with 34 percent support from Republican primary voters compared to 13 percent for Campbell. Poizner clocks in third at six percent.

All Is Forgiven: "It's a Clean Slate," Says Andreessen About Lawsuit-Mad Skype Co-Founders

Kara Swisher — Fri, 06 Nov 2009 19:28:48 +0000

Silicon Valley legend and now VC Marc Andreessen was making the interview rounds after the settlement between the litigation-addled co-founders of Skype and all the various people they were suing was announced this morning.

He has been tight-lipped until now, due to the morass of lawsuits.

But, as Andreessen told BoomTown in a phone interview about the aggressive legal tactics of Niklas Zennström and Janus Friis that resulted in them finally seizing a stake in the Internet telephony giant by suing him and many other Silicon Valley players:

“We did not take it personally. It’s a clean sheet of paper.”

Well, it is actually a torn, stained and very worn out piece of paper, due to all the various machinations, but bygones!

Andreessen–who knows a thing or two about legal tussles, if you recall Netscape-Microsoft (MSFT)–said the real point is that it is time to focus on the business of Skype rather than fighting over who controls Skype.

“It’s really good to have everyone lined up and rowing in the same direction. We have to capitalize on the opportunity, because Skype is poised for a new wave of growth,” said Andreessen. “They have an amazing head of steam, because the logical way for voice and video communications to be conducted will be over the Web.”

Thus, Zennström and Friis now join the winning buyout group, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board, along with eBay, in owning Skype.

But Index Ventures, which was in, is–as Heidi Klum might say–out!

Under the terms of the agreement, Niklas Zennström and Janus Friis will take a 14 percent stake in the company they founded and then sold to eBay (EBAY), which will include an undisclosed investment by them.

I reported yesterday that the total was 13 percent–10 percent for the rights to key Skype technology held by the co-founders and the option to invest $83 million for three percent more.

In exchange, the pair will give Skype software essential to its operation and drop their various lawsuits against eBay and Skype’s buyers.

As for Zennström and Friis’s egregious use of the courts to grab their 14 percent stake in Skype, litigation they waged after losing their bid to buy Skype back from eBay, Andreessen was being very politic.

“We love working with aggressive founders and are in favor of founders being involved in their companies,” he said. “Great founders are not known for being shy and reserved. Look at Bill Gates. It’s not a question of personality, but of accomplishment.”

Noting that he had not worked with the pair before, Andreessen (pictured here) said, “We have a lot of respect for them. We think they’re geniuses.”

But, I queried, would he have used such tactics?

“It’s not a book club, it’s a super-serious, high-stakes game,” said Andreessen. “I don’t know; I’ve not been in the situation they’re in. If your goal in life is to avoid drama, this is probably the wrong industry for you.”

Perhaps, but I told him that I doubted even a battle-hardened entrepreneur like Andreessen would use the courts in such a manner to achieve business goals.

To each his own, said Andreessen!

“One of our investing mottos is that we invest in strength, not lack of weakness,” he said. “The question is how big is the opportunity.”

And, apparently, it is big enough to overlook all the drama that has gone on.

Andreessen said he expects to be more involved at Skype–which, with his $50 million investment, is the biggest deal in his $300 million fund–than other board members, noting different directors have different roles.

It’s a big board of 23, as I had previously reported. Zennström and Friis are each getting a seat.

“We are going to be helpful,” Andreessen said about his fund’s role at Skype. “We’re a company picker, looking for those that have the greatest potential.”

Andreessen, ever the diplomat, made sure to add that that also means doing business with Index, the member of his Skype consortium that departed as Friis and Zennström (pictured here) entered, due to stark tensions between the two sides.

“I have a lot of respect for [Index partners Danny Rimer and Mike Volpi] and expect to work with them a lot in the future,” said Andreessen. “In fact, I am talking to them today about two other deals.”

In other words, in Silicon Valley, the big wheel just keeps on turning.

I Love the Smell of Settlement in the Morning: Skype Founders Set to Get 10 Percent, Option to Buy Three Percent More and Two Board Seats

Kara Swisher — Thu, 05 Nov 2009 07:38:16 +0000

According to several sources close to the situation, barring any unforeseen delay, a deal to settle the Skype imbroglio is likely to be announced around the time the markets open tomorrow.

[UPDATE: The paperwork is taking longer than expected, so sit tight, said sources.]

While the massive agreement–which will settle three aggressive lawsuits lobbed by Skype co-founders Niklas Zennström and Janus Friis at a wide range of prominent Silicon Valley players–is not yet officially signed, sources said lawyers are apparently putting the finishing touches on the paperwork and have signature papers completed by both sides to be able to wrap it up quickly.

So, while nothing is ever over until it is over, it looks like it is over.

Sources also said that as part of the deal to end the legal madness, Zennström and Friis will get 10 percent of Skype back for rights to key software technology they control, an option to pay $83 million for another three percent of the Internet telephony service and two seats on the 23-member board.

Also, BoomTown has learned that a partridge in a pear tree will be thrown in to guarantee a lasting peace.

All kidding aside, the settlement is proof that squeaky wheels–especially if they hire the combative litigators of Skadden Arps–get the grease.

As has been previously reported, one of the investors in the consortium that won the bidding to buy 65 percent of Skype from eBay (EBAY)–which itself had bought it in 2005 from Zennström and Friis–has withdrawn its investment and involvement as part of the settlement.

That would be London-based Index Ventures, which was a smaller player in the group with–ironically–a three percent stake.

Nonetheless, Index had an outsized fight going on with Zennström and Friis.

That’s due to their ire, aimed at Index’s Mike Volpi, who was CEO of Joost, the failed online video site the pair founded.

After Zennström and Friis lost their own bid to buy back Skype, they quickly sued Index and Volpi via tech companies they control, Joltid and Joost, in Delaware.

The pair alleged that Volpi used confidential information gleaned from his time as Joost CEO to unfairly help the winning consortium acquire Skype.

The lawsuit was particularly vindictive, using embarrassing emails and making pointed accusations about Volpi plotting all kinds of nefarious schemes, like Lady Macbeth on steroids, on his way out of Joost.

I am not sure what law one can break for wanting to leave a job or how much damage one can do to an already failing business, but that did not stop Zennström and Friis from trying to pin some specious accusations on Volpi.

(I wouldn’t have been surprised if they had accused Volpi of being responsible for Balloon Boy.)

But such legal attacks obviously worked, making Index loath to stay in an economically less attractive deal with lessened influence over Skype.

And eBay and the other investors obviously wanted closure, so they could get on with the work of turbocharging Skype.

The fighting between Index and the Skype founders was just one part of the legal morass.

Zennström and Friis had already been in a battle over software licensing issues with eBay in London courts.

They also filed suit again in California against Skype and eBay for copyright violations.

For good measure, the pair added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board, in that lawsuit.

(In legalese–and in honor of the Yankees winning the World Series tonight–such massive lawsuit-making is called covering all your bases!)

Of course, Volpi and Index fired back in court filings and both sides armed themselves with powerful PR guns.

Presumably, those same mouthpieces–who have been slagging the other side for weeks–will now be at the ready with honeyed tales of reconciliation tomorrow.

Call me cynical, but we’ll see how long that lasts.

“[Zennström and Friis] got what they wanted by using Volpi as a pawn and the lawsuits as a club,” said one person close to the situation. “Everyone is moving on, but not everyone is going to forget what they did to get what they wanted.”

Volpi and Index Ventures Out of Skype Deal, the Lawsuit-Happy Founder Twins In

Kara Swisher — Wed, 04 Nov 2009 02:58:06 +0000

According to sources close to the situation, Index Ventures and Michelangelo Volpi are out of the deal to buy Skype–and their lawsuit-loving nemeses, the founders of the Internet telephony service, are in.

Skype founders Niklas Zennström and Janus Friis had sued Index and partner Michelangelo Volpi via tech companies they control, Joltid and Joost.

The pair had already been in a legal battle over software licensing issues with eBay (EBAY), the company that had sold Skype to in 2005.

They then accused Index and Volpi, employing a reputation-bashing style, of using confidential information as part of a consortium bid to acquire a large chunk of Skype.

Volpi had been Joost’s CEO.

Volpi and Index fired back in court filings and both sides armed themselves with powerful PR guns.

Ironically, Index was only a small part of the group that won the deal to acquire Skype from eBay recently.

News of the serious settlement talks was reported earlier this week by GigaOm’s Om Malik.

The New York Times’s Brad Stone also added significantly to the story about the settlement today, noting the Skype founders would be getting a stake and that Index “is most likely withdrawing from the deal.”

Well, most likely now means certainly for Index, sources told me, and the London-based venture firm that bid for Skype has to bid that deal goodbye.

More details to come, but it’s sure proof that the legal system, such as it was used, works.

"Come to Think of It, eBay"–Is That a Killer Ad Motto or a Desperate Plea for Attention? (Plus Old Commericals!)

Kara Swisher — Mon, 02 Nov 2009 12:10:59 +0000

BoomTown–fresh from slapping around six graders caught in a Bing stupor and commenting on the use of restaurant-seeking vampires by Microsoft (MSFT)–is also not quite sure what to think of another new advertising campaign from an Internet giant.

This time, it is coming from eBay (EBAY).

With the tagline, “Come to Think of It, eBay,” the ads start today, according to a report in The Wall Street Journal, to “boost its standing as a holiday shopping destination.”

Interestingly, the new marketing campaign in print, television and online–the first for the Web commerce giant in 18 months–has been crafted by San Francisco-based Goodby, Silverstein & Partners, which has also just nabbed the lead role in the $100 million advertising campaign by Yahoo (YHOO).

Goodby, owned by the Omnicom Group (OMC), is known for its innovative ideas and has done such memorable campaigns as the Slowsky turtles for Comcast (CMCSA), the weird folk of Emerald Nuts, owned by Diamond Foods (DMND)–as well as campaigns for tech companies such as Hewlett-Packard (HPQ), Adobe Systems (ADBE) and Netflix (NFLX).

Still, Goodby might be getting a little too cute here, because “Come to Think of It” could remind consumers exactly how much they have forgotten about eBay.

At best, “come to think of it” is a double-edged sword.

In a good scenario: “Come to think of it, I really haven’t listened to my ‘Frampton Comes Alive’ album in forever and I really want to hear it again.”

In a bad scenario: “An old girlfriend of mine is trying to friend me on Facebook–but, come to think of it, she was pretty freaky and I am very scared she found me again.”

You get the idea! Come to think of it: Play at home!

Actually, according to the Journal story, Lorrie Norrington, president of eBay’s marketplace operations, is pushing a different meaning of the phrase: “to shift the buyer perception of what eBay is today.”

The San Jose, Calif.-based company has to shift perceptions since it has seen its core marketplace business suffer, even as it has advertised less.

Here’s a video of one of the new ads, as well as some past ones–all of which include an unusual amount of Broadway-style singing, dancing and egregiously fabulous frolicking for a company led by then-CEO Meg Whitman.

But, come to think of it, Meg: Not that there’s anything wrong with that!

And, I could not resist adding at the end Weird Al Yankovic’s funny parody song about eBay, with video clips synched.

Enjoy:

“Come to Think of It, eBay”:

[ See post to watch video ]

“On eBay”:

“That’s on, eBay”:

“Do It, eBay”:

“Found It on eBay” by Weird Al Yankovic:

Liveblogging Yahoo's Third-Quarter Conference Call: Bartz "Came Down With Something," and CFO Carries On (and On and On and On)

Kara Swisher — Tue, 20 Oct 2009 21:15:15 +0000

Uh-oh, Yahoo CEO Carol Bartz was expected to appear on the Internet giant’s third-quarter earnings call, but she has apparently “came down with something,” according to CFO Tim Morse.

BoomTown is sending over chicken soup right now, but let’s hope she gets her vaccinations tout de suite!

Worst of all, no sassy quotes or cursing, replaced by a very earnest Morse, who sounded like he was once a Boy Scout.

After the markets closed, Yahoo reported better-than-expected earnings on still lackluster revenues.

Overall, the conference call boiled down to one quote from Morse that seems to have been selected as the Yahoo (YHOO) buzzword of the moment:

“The theme for third quarter was stabilization.”

2:02 pm PDT: Investor stuff from guy who sounded like a robot that I completely ignored, since I was much more interested in a conversation between two women about a bad date this past weekend, which I eavesdropped on in its entirety while liveblogging from a Starbucks (SBUX) in San Francisco.

By the way, the man whom the ladies are ripping was a very unstable date!

2:04 pm: Morse jumped on and gave everyone the bad news about Bartz being sick and the good news about the better-than-expected net income, while also updating all the various happenings of the quarter.

“I am happy to report that our Q3 revenue came in above our guidance range,” said Morse, who sounded somewhat jaunty.

Morse reeled off numbers, numbers and more numbers, some stuff about the new marketing campaign ($18 million spent so far and $45 million in the next quarter!) and other stuff about the cost cuts and fourth-quarter guidance.

Also, no sale of the company’s Alibaba in China or the Yahoo! Japan stake, thank you very much!

2:12 pm: Morse also gave a quick update about the search and online advertising partnership Yahoo has struck with Microsoft (MSFT).

His message: The Silicon Vally Internet icon is not out of search, because it is not about the algorithm, but a better search product.

Tim, you might want to roll that claim back, especially since you also might want to notice how well Google (GOOG) has done with its giant math-brains in the search business.

Morse tried mightily to channel Bartz on search, using a comparison she has made about the Intel (INTC) chip, which is widely used by computer makers. Said Morse, it’s the “differentiation” that matters!

I wonder if Yahoo will keep repeating that one, even as its search share continues to decline.

But Morse did make a funny about how many ex-Yahoos are on the Microsoft payroll now, so the partnership transition should go smoothly.

Well, there’s that!

2:28 pm: Morse mentioned Yahoo’s analysts day next week, and then opened up the call to questions.

Analysts always ask very dull questions at earnings calls and this one proved no different.

The first was about display run rate and about the search market in comparison to Google.

What’s the good word? Stabilization, of course!

The next question was about eBay (EBAY), which seems far from the point.

Morse agreed and cut it short.

Then, a question about guaranteed placement and stock buybacks. Zzzzzzzzz–even Morse sounded bored.

The Starbucks lovelorn ladies had left by now, so I was too.

2:37 pm: The next question concerned the affiliate business and how it might be affected by the Microsoft deal.

I immediately summoned the barista, since it was clearly time for a double espresso!

A question came next about when the display ad business would recover from the econalypse. Morse: Stabilization!

Then, a query about gross margins and whether they can be maintained. Morse was not saying, except to point out that there was a “good, old-fashioned, get-your-hands-dirty” attitude at work at Yahoo now about watching costs.

I was suddenly worried about dirty-handed Yahoos, just when the CEO is sick!

Use Purell, please–or suffer the wrath of Judy!

2:43 pm: Another question on ad sales and quality. Thus, I moved onto mainlining coffee beans en masse. I long for a visit from Juan Valdez!

Then, a question about Q4 guidance, which was not good enough for one analyst, who wanted more.

Morse did not really bite, although he talked a lot.

Next, a question about slow-growing page views and what was Yahoo planning to sell of its various assets.

Morse tried to be all silver-lining about page views and would not talk about specific divestitures (nor did he mention the appointment of a new head of Yahoo M&A).

“We continue to look at the landscape,” he said.

What about more job cuts or hiring, since Yahoo added 200 people in the quarter? Morse noted Yahoo was staying strong in tech talent and was “putting feet on the street” in advertising.

Also something about paid inclusion, but a new person at Starbucks was having a really good cellphone argument, so I zoned out of Morse-talk for a second!

2:56 pm: A question about premium and nonpremium inventory. Looks good on premium, said Morse.

The next query was about the different metrics between the new and old homepage, as well as a request for more info about the analyst day next week.

Morse refused to “steal my own thunder” on what is going to happen there. But, there will be thunder? I am always dubious when it comes to Yahoo and thunder.

As for the homepage, Morse said Yahoo was still evaluating the performance.

2:58 pm: Mobile. Aaaaaghhh, another chance for Morse to say not much about anything substantive. Morse: Better and more established! Translation: No moolah yet!

A head count question. Will improvement come from cost cuts due to the Microsoft deal or revenue improvements?

Three guesses and the first two don’t count. Thanks for the row-boatloads of money, Microsoft!

Something about bookings and small-to-medium businesses. Morse did not understand the question and neither did I.

Next, a question on search monetization, which has weakened. Answer: Stabilization!

3:02 pm: A question about the new $100 million branding campaign. Morse: “It’s very, very early.”

Some deal question and then one about behaviorial targeting, which Morse said will apparently be a “lifeblood” of the future.

Incredibly, Morse has gone hog-wild chatty with Bartz laid low and is asking for more questions, without making one good joke or salty remark yet.

I was completely losing it when it gets to ad exchange details and not as coffee-saturated as I needed to be.

Finally, the LAST question: Another one about divestiture and acquisition.

As if Morse was going to answer, referring instead–as he has many times in the call–to his “script.” Yahoo will buy stuff, Yahoo will sell stuff, but pretty much a no-comment!

And on that note…Carol: Please, pretty please GET WELL SOON!

Until then, here is a minidose of Bartz, via video snippets from an interview with me at the seventh D: All Things Digital conference.

Her lively tone seen here at D7 would have been a good thing at today’s earnings call:

[ See post to watch video ]

(And, here is a link to Yahoo’s presentation of its financial highlights, for those with a hankering for even more numbers.)

Volpi and Index Smack Back at Skype Founders With Motion to Dismiss (Plus Filings!)

Kara Swisher — Thu, 15 Oct 2009 22:49:30 +0000

The legal high jinks in the contentious battle over the fate of Skype got worse this afternoon, as former Joost CEO Michelangelo Volpi and Index Ventures filed a motion to dismiss a lawsuit brought by the founders of Skype–Niklas Zennström and Janus Friis, via Joost and Joltid–against them.

It’s yet another chess move among a group of well-known tech players, who used to work together closely and are now at odds.

In a filing in the U.S. District Court in Delaware, Volpi and the London-based Index–where Volpi now works–noted, referring to a bid Zennström and Friis made to regain control of Skype, which they sold to eBay (EBAY) years ago:

“Instead of accepting the fact that their bid failed in the marketplace, Friis and Zennström are now using inflammatory and highly-charged litigation–through companies that have no relationship to the Skype purchase–to try to achieve their personal business goals.”

A spokesman for Joost and Joltid did not agree with Volpi’s assessment:

“Mr. Volpi’s latest motion appears to have been prepared prior to Defendants receiving Plaintiffs’ Motion for Preliminary Injunction, which is filled with evidence supporting Plaintiffs’ claims. In light of this strong showing of substantive evidence, much of it from Mr. Volpi’s own correspondence, there is no basis for Mr. Volpi’s assertion that Plaintiffs have somehow failed to state a claim upon which relief can be granted.”

Index was a small player within a group that won Skype, putting in $75 million, in a $2 billion deal that is set to close in the next few weeks.

The motion to dismiss the filing is not surprising given that Joost and Joltid filed a motion for preliminary injunction against Volpi and Index yesterday.

They are asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have already been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board.

And both Joltid and Joost have also sued Volpi personally, as well as Index, making serious allegations about his behavior as Joost CEO.

Here are several key legal filings to peruse, for all you “Law & Order” types:

Motion to Dismiss _00302105_ –

Opposition to Motion For Expedition _00302104_ –

Volpi Opening Brief 10.15.09 _00302101_ –

Dueling Skype Sides Hire Big Communications Guns

Kara Swisher — Thu, 15 Oct 2009 17:56:28 +0000

Perhaps the sides in the ever-escalating war over the Skype deal will work out their differences and settle–which is what should and probably will eventually happen after everyone realizes how stupid all this noisy legal wrangling over the Internet telephony giant is.

But that day is decidedly not today, given a pair of recent PR hires by parties involved.

The founders of Skype, via the two tech companies they control, Joost and Joltid, have hired Sitrick & Company, headquartered in Los Angeles, while Index Ventures has tapped Joele Frank, Wilkinson Brimmer Katcher, based in New York.

Both strategic communications and public relations firms are well known for employing some very sharp elbows and extremely tough talk when it is time for some creative corporate crisis management.

And both are familiar with tech issues, having worked on contentious issues related to companies such as Microsoft (MSFT), Yahoo (YHOO), CBS (CBS) online unit CNET, and others.

And there is plenty of bad blood to work with here.

Yesterday, in yet another legal volley, Joost and Joltid filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner.

They are asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

Legal attacks have become the negotiating tool of choice from the founders of Skype, Niklas Zennström and Janus Friis, who were on the losing side of the $2 billion deal to buy the Internet telephony giant from eBay (EBAY).

Volpi is now a partner at London-based Index, which was one of the smaller players on the winning side of the bid, putting up $75 million.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have already been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board.

And both Joltid and Joost have also sued Volpi personally, as well as Index, making serious allegations about his behavior as Joost CEO.

This kind of mud-slinging could get even worse with the hiring of big PR firms.

Along with Frank and Sitrick, by the way, Silver Lake–which is the big player on the winning side–has hired Edelman’s crisis and issues management team.

Interestingly, several sources said, the various players have also been engaged in settlement talks, even as the lawsuits have piled up.

Coming to some agreement is clearly the best outcome, although it does not appear that the spate of lawsuits has yet derailed the eBay deal with the Silver Lake-led group, which could even close in the next several weeks.

“Everyone should be thinking ahead of the headlights,” said one source. “But right now, it seems to be all about emotions.”

When Entrepreneurs Attack! All 10 New Skype Lawsuit Filings!

Kara Swisher — Wed, 14 Oct 2009 15:05:55 +0000

Earlier today, Joost and Joltid attacked!

The pair of companies, which are controlled by Skype co-founders Niklas Zennström and Janus Friis, filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner, asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

It’s the latest volley in an ever-escalating battle over the Internet telephony giant, which also involves eBay (EBAY).

As a public service to all readers who really have nothing else to do, here are the 10 filings related to this latest legal maneuver:

PI Brief – PUBLIC –

Motion To Expedite –

Motion To File Under Seal –

Proposed Order To Expedite –

Proposed Order To File Under Seal –

Exhibits 1-20 to Declaration of S. Dargitz In Support of PI – PUBLIC –

Declaration of S. Dargitz In Support of PI – PUBLIC –

Declaration of Justin Erenkrantz In Support of PI –

Declaration of Janus Friis Degnbol In Support of PI –

Declaration of Owen O’Donnell In Support of PI –

Exclusive: Skype Founders Keep on Punching–File Injunction Against Volpi and Index

Kara Swisher — Wed, 14 Oct 2009 14:04:52 +0000

Joost and Joltid filed a motion for preliminary injunction against former Joost CEO Michelangelo Volpi and Index Ventures, where Volpi now works as a partner, asking that he not use knowledge or confidential information he got at the video start-up in current dealings with Skype.

The move is yet another legal attack from the founders of Skype, who were on the losing side of the $2 billion deal to buy the Internet telephony giant from eBay (EBAY).

Opening the “Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Preliminary Injunction,” which is shown below and is full of tough allegations about Volpi’s misbehavior:

“This action arises out of the acts of a faithless fiduciary, defendant Michelangelo Volpi, who, despite being the chief executive and Chairman of Joost, embarked on a systematic scheme to breach his fiduciary duties and promote his own self-aggrandizing campaign to become the next chairman of internet telephony leader Skype Inc.”

Volpi, who declined comment for now, was CEO of Joost, arriving at the much-hyped online video start-up to great fanfare in mid-2007.

But the London-based Joost never quite caught fire and began layoffs and contraction this summer.

As part of that development, Volpi then went to Index Ventures, a venture firm also based in London.

And, in one of Volpi’s first deals, Index was one of the smaller players on the winning side of the bid to buy Skype, putting up $75 million.

But also vying for the prize were the Internet telephony service’s founders, Niklas Zennström and Janus Friis, who had hooked up with a group of private equity investors.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they also added the winning buyout group, including Index, Silver Lake Partners, Andreessen Horowitz and the Canada Pension Plan Investment Board.

And both Joltid and Joost–aka Zennström and Friis–also sued Volpi personally, as well as Index again.

They allege tech skullduggery on Volpi’s part, in which he used confidential information he learned at Joost to thwart Joltid.

UPDATE: Here is the press release, with the official filing below:

Joost and Joltid File Motion for Preliminary Injunction Against Michelangelo Volpi

And Index Ventures Management, Seeking to Prevent Their Use of Confidential Information In Connection With the Acquisition or Management of Skype

Wilmington, DE (Oct. 14, 2009)–Joost US, Inc., its indirect parent company Joost N.V., and Joltid Limited today filed a Motion for Preliminary Injunction against Michelangelo Volpi and Index Ventures Management in the United States District Court for the District of Delaware. In support of the Motion, the plaintiffs also filed a Memorandum of Points and Authorities containing facts and legal arguments, witness declarations and other evidence.

The Motion for Preliminary Injunction asks the Court to enjoin Index and Volpi from using any of Joost’s and Joltid’s confidential information regarding (among other things) the Global Index Software, the technology developed and owned by Joltid that provides the peer-to-peer capability embedded in the Skype program. The Motion also asks the Court to enjoin the defendants from: (i) using the confidential information in connection with the operation or strategic planning of Skype; (ii) communicating such information to other parties in the “Buyout Group” that has made a bid to acquire Skype from eBay Inc.; (iii) soliciting employees of Joost and Joltid with offers to join Skype; (iv) having communications with current or former employees of Joost or Joltid regarding the companies’ confidential information; and (v) further participating in the Skype acquisition or assuming any position with Skype until a final adjudication of the merits of the case.

The Motion for Preliminary Injunction, Memorandum of Points and Authorities, and supporting declarations are available on the internet at https://www.lexisnexis.com/fileandserve. The case name is Joost US Inc. et al v. Volpi et al and the Case Number is 1:09-cv-708.

The plaintiffs filed a lawsuit against the defendants on September 18, 2009, alleging breach of fiduciary duty against Volpi, aiding and abetting breach of fiduciary duty against Index, interference with prospective business advantage, misappropriation of trade secrets, breach of contract against Index, breach of confidence, and civil conspiracy. The Motion for Preliminary Injunction seeks interim relief until the lawsuit can be completed.

And here is the key filing, one of 10 in the case:

PI Brief – PUBLIC –

AOL Readies Board Picks for Spinoff–While Holding Off Search Suitors (Plus, BoomTown Director Choices!)

Kara Swisher — Thu, 24 Sep 2009 04:01:35 +0000

According to sources close to the situation, AOL has been busy selecting the board for the company, which is still set to spin itself off by year’s end–even as it slows down a decision on a new search deal with either current partner Google or a more emboldened Microsoft.

AOL is using Spencer Stuart in the search for directors, led by well-known headhunter Jim Citrin, sources said, and the company has already settled on several outside candidates.

The final board is likely to have about 10 members, and up to a dozen.

At least one of those seats will go to CEO Tim Armstrong, with one or two more claimed by its current corporate owner, Time Warner (TWX).

AOL and Time Warner made their own wish list of potential directors earlier this year, but some people are also lobbying the company to join the board.

BoomTown is working on discovering all those names, but sources added that the candidates being looked at are a mix of personalities culled from the media, advertising and Web worlds.

Among the key attributes: More presumably fast-forward and innovative Silicon Valley types that can help burnish AOL’s tarnished tech cred.

Here are some of my picks:

Facebook COO Sheryl Sandberg, Guitar Hero CEO Dan Rosensweig, WordPress founder Matt Mullenweg (actually, AOL should buy the start-up), eBay (EBAY) CEO John Donahoe, LinkedIn Chairman Reid Hoffman or CEO Jeff Weiner, Juniper Networks (JNPR) CEO Kevin Johnson, Netflix (NFLX) CEO Reed Hastings, and former AOL iconic exec Ted Leonsis.

And, just for fun, News Corp. (NWS) digital don (and ousted former AOL head) Jon Miller or former Yahoo President Sue Decker.

(I might also add former AOL exec, Netscape co-founder and all-around entrepreneur Marc Andreessen, but if he joins another tech/Web board, he is going to get splinters.)

That’s because Armstrong has set a strategy centered around the turbocharging of online content, powered by a more flexible platform and paid for by goosing AOL’s graphical advertising business.

This puts the online icon–once a powerhouse and now not so much, having operated inside Time Warner since its merger early in this decade–in more serious competition with Yahoo (YHOO).

Yahoo now dominates content on the Web, with powerful news, sports and finance sites, and has recently been trying to reinvigorate its brand. This week, it launched a new marketing campaign with the motto, “It’s Y!ou.”

Yahoo also recently struck a search technology and advertising partnership with Microsoft (MSFT), which has now aimed its efforts at AOL.

According to sources, Microsoft execs have been aggressively courting AOL to switch its search business from Google (GOOG).

The search behemoth has long been AOL’s partner in what sources at both companies said has been a productive and lucrative relationship.

Armstrong is also a former top exec at Google, which many at the company hope will further cement its chances.

And while the renewal of that deal does not officially need to be struck until late next year, sources add that Google has already prepared and offered what it considers an attractive new deal for AOL.

But, much to Google’s chagrin, with a focus on the spinoff and preparations for some more cost-cutting in the months ahead, AOL has decided not to accept it yet and is not likely to anytime soon.

While hedging the situation in a recent video interview with MediaMemo’s Peter Kafka, Armstrong has also recently met with Microsoft execs, sources said, who have discussed a number of partnership options with him, including a tighter relationship with its MSN content properties.

“There’s no need to rush, especially since there is already a lot on AOL’s plate,” said one source close to the situation. “And, since it has options, AOL is going to take time considering them.”

(For more on Armstrong’s thinking, here’s a link to another video interview I did with Armstrong while both of us were in Germany today, in which he talked about the ad market and AOL’s strategy, but was cagey about being more specific.)

Please see this disclosure related to me and Google.

Parsing the Legal Tantrums of Zennström and Friis

Kara Swisher — Fri, 18 Sep 2009 23:30:30 +0000

Is it just me or is it completely ironic that a pair of European entrepreneurs kept out of the United States due to tantrum lawsuits from the music industry are stamping their own legal feet like two ill-tempered toddlers of late?

That would be Niklas Zennström and Janus Friis, who today filed yet another lawsuit in their seemingly never-ending quest to win in court what they couldn’t in business dealmaking.

Today, via a new lawsuit, they are following through on their recent attempt to smear former Joost CEO Michelangelo Volpi.

Zennström and Friis co-founded Joost, you see, and last week were part of dumping him as a director and as its chairman, a job Volpi had retained when he left his top job at Joost to join Index Ventures in July.

Not satisfied with that, Joost also said then in an astonishing statement: “The company and its board of directors is conducting an investigation into Mr. Volpi’s actions during his tenure as CEO and as chairman.”

Of course, it is all part of the pair being on the very-sore-losing side of the $2 billion deal to buy Skype from eBay (EBAY).

Zennström and Friis got very rich selling the Internet telephony service to eBay in 2005.

This year, they turned around and tried to buy it back, hooking up with a group of private-equity investors.

Both Google (GOOG) and Microsoft (MSFT) also considered bids, and dropped out for various reasons.

And so did Volpi, in one of his first deals at Index–and the London-based venture firm was one of the smaller players on the winning side of the deal to buy Skype, putting up $75 million.

To complicate things further, Zennström and Friis also own a company called Joltid, which has licensed key technology for Skype to eBay.

Joltid and eBay have already been fighting in a British court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Earlier this week, via Joltid, Zennström and Friis also filed suit again against Skype and its owner, eBay, for copyright violations in the U.S.

For good measure, they also added the winning buyout group, including Silver Lake Partners, Index, Andreessen Horowitz and the Canada Pension Plan Investment Board.

Did I forget to mention that lawsuit-happy Zennström and Friis also sued the investment banker who represented them in the original Skype sale?

So, it comes as no shock that both Joltid and Joost–aka Zennström and Friis–announced yesterday that they are suing Volpi personally, as well as Index again.

They allege tech skullduggery on Volpi’s part, in which he used confidential information he learned at Joost to thwart Joltid.

Evidence and proof–on first blush–seem to have little to do with this and ire at losing a deal and trying to gain leverage for a settlement seem to be the true game.

And what their next legal move might be is anybody’s guess.

But you get the idea here, don’t you?

Joost a Little Misunderstanding Between Friends? Actually a Knee-Capping–but Please Enjoy the Video From Better Days!

Kara Swisher — Mon, 14 Sep 2009 12:00:57 +0000

Revenge is a dish best served cold–except, of course, when one decides to serve it piping hot.

And that’s just what part of one of the losing sides of the $2 billion deal to buy Skype from eBay (EBAY) is doing in an unusual attack on Michelangelo Volpi, a well-known tech exec in Silicon Valley.

You see, until recently, Volpi was CEO of Joost, arriving at the much-hyped online video start-up to great fanfare in mid-2007.

But the London-based Joost never quite caught fire and began layoffs and contraction this summer.

As part of that development, Volpi then went to Index Ventures, a venture firm also based in London.

And, in one of Volpi’s first deals, Index was one of the smaller players on the winning side of the deal to buy Skype, putting up $75 million.

But also vying for the prize were the Internet telephony service’s founders, Niklas Zennström and Janus Friis, who had hooked up with a group of private equity investors.

To complicate things further, the innovative and entrepreneurial pair also own a company called Joltid, which has licensed key technology for Skype to eBay.

It gets better! Joltid and eBay have been fighting in court over that agreement, bickering back and forth about whether eBay violated the terms of that deal or not.

Finally, in the past few days, in what is obviously a related move, Joost said that it had dumped Volpi as a director and as chairman, a job he had retained when he left for Index in July.

Said the company in a statement:

“Mr. Volpi was removed from the board of directors and from his position as chairman of Joost by shareholder vote. The company and its board of directors is conducting an investigation into Mr. Volpi’s actions during his tenure as CEO and as chairman.”

Volpi had no comment.

BoomTown does: It looks like a lame attempt at kneecapping him to me, as part of a larger rumble!

But, for many, this comes as a surprise, since it had been thought that Volpi–a former dealmaker with Cisco (CSCO)–would play the role of a peacemaker in the eBay-Joltid fighting.

Actually, according to numerous sources, Volpi had also struggled with Zennström and Friis when he ran Joost, and there is no love lost among them.

In fact, here’s a glimpse of that tension in a video interview BoomTown did with Volpi a year ago in London, when I visited its office there.

It took place just after Joost was forced to rejigger itself to gain momentum (which never happened).

“Restarting a start-up is definitely not easy,” said Volpi in the interview.

As it turned out, that was the least of his worries.

Here’s the video:

[ See post to watch video ]

Yahoo's Bartz (No. 8), Facebook's Sandberg (No. 22), Google's Mayer (No. 44) and More Techies Make Fortune's 50 Most Powerful Women List

Kara Swisher — Fri, 11 Sep 2009 07:15:02 +0000

Fortune magazine–which never met a list it did not like to make–had a solid group of women tech types on its “50 Most Powerful Women 2009” roster, the annual survey it posted yesterday.

Yahoo CEO Carol Bartz made the Top Ten this year, clocking in at No. 8.

Other women geek types–many from Silicon Valley–on the list include:

Ursula Burns, CEO of Xerox (XRX) at No. 9; IBM (IBM) Global Sales and Distribution SVP Ginni Rometty at No. 11; Oracle (ORCL) President Safra Catz at No. 12; Hewlett-Packard (HPQ) Technology Solutions Group EVP Ann Livermore at No. 13; Facebook COO Sheryl Sandberg at No. 22; Charlene Begley, president and CEO, GE (GE) Enterprise Solutions at No. 27; Lorrie Norrington, president of eBay (EBAY) Marketplaces at No. 40; HP CFO Cathie Lesjack at No. 42; and, finally, Google (GOOG) Search Products and User Experience VP Marissa Mayer at No. 44.

The conference associated with the Fortune issue, spearheaded by Pattie Sellers, will take place next week, starting Monday, in Carlsbad, Calif.

Fortune is part of Time Inc., which is owned by Time Warner (TWX).

Bartz, Sandberg and others will be interviewed onstage, along with Berkshire Hathaway (BRK.A) chairman and CEO Warren Buffett.

Will BoomTown be in attendance, with my trusty Flip digital video at the ready? Yes, indeedy, so the lady geeks should beware–and I am talking to you, Sandberg!

Until then, here’s a cable television interview Bartz did today on CNBC’s “Squawk Box.” Clocking in at almost 12 minutes, it’s classic Carol, with sassy catchphrases and jokes about being a really tough lady, but with little new news–except for her saying she would have sold to Microsoft (MSFT) when it was offering $33 a share way back when, because she is not “stupid.”

Indeed not.

Here’s the video: